Ashish Mandal vs The State Of Jharkhand
2023 Latest Caselaw 705 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  Cr. Appeal (DB) No. 1081 of 2019

             Ashish Mandal                            ---         ---   Appellant
                                               Versus
              The State of Jharkhand                  ---         ---   Respondent
                                                ---

              CORAM:         Hon'ble The Acting Chief Justice
                         Hon'ble Mrs. Justice Anubha Rawat Choudhary
                                                    ---

For the Appellant: M/s R.S.P. Sinha, Sr. Advocate, Rakesh Kr. Sinha Advocate For the Respondent: Mr. Saket Kumar, A. P.P

---

09 / 09.02.2023 Prayer for suspension of sentence has been renewed by the appellant through I.A. No. 2953/2022. Earlier, his prayer for suspension of sentence was dismissed as not pressed vide order dated 14.06.2021.

2. Appellant is the husband of the deceased and has been sentenced to undergo life imprisonment under section 304-B/34 of the Indian Penal Code with a fine of Rs. 50,000/- and default sentence by the impugned judgment of conviction dated 16.09.2017 and order of sentence dated 22.09.2017 passed by the learned District and Additional Sessions Judge, Ghatsila in Sessions Trial No. 153/2016. Appellant has undergone custody since 16.09.2017 i.e. after conviction and about eleven months during trial, as per learned senior counsel for the appellant.

3. However, since appellant has not completed about eight years of custody till date and in view of the opinion expressed by the Apex Court in the case of Saudan Singh vs. The State of Uttar Pradesh vide judgment dated 25.02.2022 passed in Cr. Appeal No. 308/2022 (@ SLP (Crl.) No. 4633/2021), we are not inclined to enlarge the appellant on bail by suspending the sentence, at this stage. Accordingly, I.A. No. 2953/2022 is dismissed.

(Aparesh Kumar Singh, A.C.J)

(Anubha Rawat Choudhary, J) Ranjeet/